The Song-Beverly Consumer Warranty Act, better known to consumers at the California Lemon law, was passed to help auto, SUV, truck, RV and motorcycle consumers throughout California. Basically any vehicle which is not used for business purposes and is still under warranty is covered.
Generally, this law states that if you purchase or lease a vehicle and it's still under warranty than you qualify for that part of the law. Also, you have to have a defect or malfunction in the vehicle that is persisting and cannot seem to be repaired. If you qualify for this law, then the manufacturer has to either replace the vehicle or refund your money.
So what do you do if you think that your car is a lemon? Initially, you need to contact the dealer you dealt with regarding your vehicle and do it immediately upon realizing that you may in fact have a lemon. The law says that the dealer has to make several tries to repair your vehicle or it should have been in the repair shop for at least 30 days (not meaning consecutive) then according to the California Lemon Law, it is classified as a lemon.
But what if your vehicle has not been in the shop for that many times, but is definitely not functioning at all? The 30 days is not a hard and fast rule. Many times the law will bend regarding that especially if the defect could cause serious injury or perhaps even death.
Don't despair if your car is not new and you suddenly realize that you probably have a lemon. If your vehicle is still under warranty, the age of it will not matter. You can be covered under this law even if you wait up to four years after you discover the defect.
So many people also ask if they need an attorney to file a lemon law claim. The answer is no, but everyone who has dealt with the powerful auto manufacturers knows that having an attorney is the smartest way to proceed. This law gets very complicated and you don't want to lose because of something that you overlooked.
Look for an attorney that specializes in this law. Not every attorney is created equal. As well, look for an attorney that will not ask for any out of pocket money from you. And also don't forget that this law not only covers new vehicles, but those that are still under warranty but may be many years old.
Finally, be aware that you need to have all your original paperwork and other documentation available when you visit the attorney that you choose. You need to have everything in place to arm your attorney when he has to go up against the huge auto manufacturers.